SECTION 1. Chapter 708, Hawaii Revised Statutes,
is amended by adding a new section to part IX to be appropriately designated
and to read as follows:

"§708- Computer
damage in the third degree.(1) A person commits the offense of
computer damage in the third degree if the person knowingly accesses a
computer, computer system, or computer network without authorization and
thereby recklessly causes damage.

(2) Computer damage in the third degree is
a class C felony."

SECTION 2. Section 708-890, Hawaii Revised Statutes,
is amended by adding a new definition to be appropriately inserted and to read
as follows:

""Critical infrastructure"
means publically or privately owned or operated systems or assets vital to the
defense, security, economic security, public health or safety, or any combination
thereof, of the State or nation. "Critical infrastructure" includes:

(1)Gas and oil production, storage, and
delivery systems;

(2)Water supply systems;

(3)Telecommunications networks;

(4)Electrical power delivery systems;

(5)Finance and banking systems;

(6)Emergency services, such as medical,
police, fire, and rescue services;

(7)Transportation systems and services,
such as highways, mass transit, airlines, and airports; and

(8)Government operations that provide
essential services to the public."

(a)Result in a loss aggregating at least
$5,000 in value, including the costs associated with diagnosis, repair,
replacement, or remediation, during any one-year period to one or more
individuals;

(b)Result in the modification or
impairment, or potential modification or impairment, of the medical
examination, diagnosis, treatment, or care of one or more individuals;

(c)Result in physical injury to any
person;

(d)Threaten public health or safety; or

(e)Impair the administration of justice.]
A person

commits the offense of computer damage in the
first degree ifthe person intentionally causes or attempts to cause
damage to a computer, computer system, or computer network that manages or
controls any critical infrastructure and the damage results in, or in the case
of an attempt to cause damage would have resulted in if completed, the
substantial impairment of:

(a)The operation of the computer,
computer system, or computer network; or

"[[]§708-892.5[]]
Computer damage in the second degree. (1) [A person commits the
offense of computer damage in the second degree if the person knowingly
accesses a computer, computer system, or computer network without authorization
and thereby recklessly causes damage.] A person commits the offense of
computer damage in the second degree if:

(a)The person knowingly causes the
transmission of a program, information, code, or command, and thereby knowingly
causes unauthorized damage to a computer, computer system, or computer network;
or

(2) [Computer damage in the second degree
is a class C felony.] As used in this section, "damage" means:

(a)A loss aggregating at least $5,000 in
value, including the costs associated with diagnosis, repair, replacement, or
remediation, during any one-year period to one or more individuals;

(b)The modification or impairment, or
potential modification or impairment, of the medical examination, diagnosis,
treatment, or care of one or more individuals; or

(c)Impairment or disruption of government
operations.

(3) Computer damage in the second degree is
a class B felony."

SECTION 5. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

SECTION 6. Statutory material to be repealed
is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its
approval.

Report Title:

Honolulu Prosecutor's Package; Computer Damage

Description:

Redefines the offense of computer damage in the first
degree as intentionally causing or attempting to
cause damage to a computer, computer system, or computer network that manages or
controls critical infrastructure and increases it to a class A felony. Redefines
the offense of computer damage in the
second degree. Creates a new offense of computer
damage in the third degree. (SB2094 HD1)

The
summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.